WHY YOU SHOULD SEEK REPRESENTATION AFTER A VACCINE INJURY

“Is the pain I am experiencing in my arm after a flu shot normal?”

“Is it normal to not be able to move my arm after a flu shot?”

Asking yourself those very questions?  While the last thing anyone expects after receiving a flu shot is to suffer a shoulder injury, we have represented many clients who were once wondering the same thing. Often our clients come to us in disbelief that a routine flu shot has caused them months of pain and loss of mobility. After seeking medical treatment, it also is not uncommon for doctors to not attribute an injury to a vaccination or to not even be aware of the medical term “SIRVA” which stands for Shoulder Injury Related to Vaccine Administration.  This often leads to feelings of frustration and hopelessness for individuals seeking relief and acknowledgement of their injury.  That’s where we hope to help, by investigating and evaluating if your symptoms and injury meet the requirements for a vaccine injury claim under the VICP. And if your injury does meet those requirements, we can represent you in filing a claim with the VICP to receive compensation- all at no charge to you.

The VICP is a federal program, which compensates persons who experience a Vaccine Injury, which occurs when a Nikki Nobbe - Vaccine Injury Attornetychild or adult experiences certain adverse reactions after receiving one of several vaccinations covered under the VVICP. Claims for compensation to the VICP are made to the U.S. Court of Federal Claims located in Washington, D.C., by filing a petition.  Most “petitioners” are represented by lawyers. A lawyer representing a petitioner must be admitted to practice in the U.S. Court of Federal Claims.

While most claims are settled, there are several reasons petitioners should be represented by an experienced lawyer in a case with the NVICP. First, if the claim meets certain minimal requirements, the NVICP will pay the lawyer’s fees, whether or not the petitioner is entitled to recover. This means the petitioner has no risk.  Second, if he or she is entitled to recover, those fees are paid separately from the amount of compensation received, and thus the recovery is not reduced by legal fees and expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

Third, HHS is represented by lawyers from the Department of Justice (DOJ) who work on nothing but Vaccine Injury claims. When a claim is contested, the petitioner must prove the claim, and the DOJ lawyers will oppose the claim.  Proving entitlement can be very complicated, specialized, and time consuming.  It can also be very expensive.  Some cases require trying the case at an “entitlement hearing.” When the lawyer representing the petitioner has actually tried vaccine cases, the petitioner benefits from that experience by getting the best result possible.

Finally, even when a case is not contested, and the NVICP agrees to compensation, there will be a negotiation of the amount to be paid. Of course, the petitioner will want to recover the most the law will allow, and that is best done with a lawyer who is knowledgeable with the kinds of compensation awarded, and who is experienced in that settlement process.

Eighty percent of all claims which receive compensation do so by a negotiated settlement. This leaves 20% which are decided after some level of litigation.  Attorney, Richard Moeller tried his first Vaccine Injury case in 2004, and most recently in January 2016. Between then, we have been able to settle most cases, but the ability to litigate a claim all the way to an entitlement hearing is extremely important in maximizing a petitioner’s outcome because it can make a difference to the DOJ lawyers if they know the petitioner’s lawyer is willing to go to trial if necessary.

When we are contacted by a person who believes he, she, or a family member may have suffered a Vaccine Injury, we do not charge any fees to visit about the claim, or to investigate the claim, or to pursue the claim if it has a reasonable basis.  Also, we pay the expenses incurred to pursue the claim.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

VACCINE INJURY COMPENSATION FOR JUVENILE DERMATOMYOSITIS (JDM)

According to the Arthritis Foundation, Juvenile Dermatomyositis, or “JDM” is rare disease found mostly in children, which afflicts an estimated 3,000 to 5,000 children in the United States.  The first signs of JDM are skin rashes, often around the eyes or cheeks, on the knuckles, knees, or elbows, or on the chest and back.  Later symptoms are muscle inflammation causing weakness, fatigue, and pain. The Arthritis Foundation and Boston Children’s Hospital provide helpful information about JDM.

The exact cause of JDM is unknownNikki Nobbe - Vaccine Injury Attornety but it is believed to be an autoimmune disorder, meaning something has caused the child’s immune system to attack the body’s blood vessels, which in turn causes the inflammation of muscles.  It is this autoimmunity factor which recently resulted in the vaccine court recognizing that JDM was caused by a child’s vaccinations.

Late last year, in October, a special master of the Court of Federal Claims ruled in favor of the family of a four-year-old child who developed JDM following his DTaP, MMR (measles, mumps, rubella), polio, and varicella (chicken pox) vaccinations.  The special master found that one or more of these vaccines, in combination with the child’s genetic predisposition, resulted in an abnormal immunity response leading to JDM.  Interestingly, the discussion in the decision suggests the conclusion might be the same for an adult suffering from a Dermatomyositis disorder.

For more information about Vaccine Injuries, and what Vaccine Injury Pros can do for you, visit our Contact page or call toll free at 1-844-589-2889.

“SIRVA” and the Flu Shot- How we can help

We have touched on what a SIRVA injury is and the types of compensation for SIRVA injuries on our blog before. However, as we have seen many SIRVA injuries as the result of the flu shot injection and flu shot season is well under way, we thought it would be timely to discuss how we can assist those who have SIRVA injuries and may be eligible for compensation.

Nikki Nobbe - Vaccine Injury Attornety

“SIRVA” stands for shoulder injury related to vaccine administration. Our firm is experienced in representing individuals with SIRVA injuries in claims against the National Vaccine Injury Compensation Program “NVICP”. Often clients come to us after they have spent months in severe pain and suffered with limited range of motion. They frequently have trouble or are unable to complete routine tasks such as dressing or washing their hair. Commonly the pain will keep them awake at night and they are unable to find a comfortable position to sleep in. Many have had to take time off from work as they were unable to perform the tasks that their jobs required of them. Furthermore, clients often incur significant medical bills while searching for relief from their vaccine injury.

In order to receive compensation for your injury you must meet certain criteria. You may meet the criteria for compensation even if you have achieved a full recovery from your injury. If eligible, you may be entitled to compensation for the pain and suffering you experienced, or continue to experience, in addition to payment for lost earnings. Lost earnings can include those which you incurred when you were unable to work, for example if you stayed home to recover from surgery or simply were unable to work due to an inability to use your arm. We have also worked with clients who have severe SIRVA cases and are unable to find any treatment to heal or alleviate their injury and cannot return to work, if this is the case you may also have a claim for future lost wages. Additionally, we work with clients to determine what out of pocket medical expenses they have incurred and expect to incur due to the vaccine injury as they too may be compensated.

Richard and Nikki work closely with each client to truly understand what they have endured as a result of their vaccine injury. This allows us to properly advise you as to what compensation you may expect to receive in comparison to similar cases and to properly advocate on your behalf.  When our firm is contacted by a person who believes he, she, or a family member may have suffered a Vaccine Injury, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim. Also, the firm pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog.

 

 

 

 

 

 

 

Compensation for SIRVA Injuries in the VICP

Nikki Blazey - Vaccine Injury AttornetyLast month we asked the question- Are SIRVA Injuries on the Rise? A recent survey of data provided by the Vaccine Court answers that question “Yes” in terms of compensation for claims made to the National Vaccine Injury Compensation Program (VICP). “SIRVA” stands for shoulder injury related to vaccine administration, and describes a reaction that follows a vaccination, usually the flu shot, resulting in immediate and lasting pain in the arm or shoulder area beyond the site of the injection.

Since 2014, the VICP has assigned certain claims to a special processing unit, for cases which are expected from the outset to be compensated. As of March 2017, of the 742 claims paid by that unit, 515 cases—70% of the total—were the result of SIRVA injuries. These statistics bear out an answer we recently gave to a gentleman who called us after his own experience: Yes, SIRVA is real, they are on the rise, and you are entitled to recover if you meet the criteria for compensation.

When our firm is contacted by a person who believes they may have suffered a SIRVA or any injury from one of the vaccines covered by the VICP, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim. Nor do you pay us from any recovery you receive—our fees are paid by the VICP. You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the VICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting our Vaccine Injury Pros website and other articles in our Blog.

How Vaccine Injury Pros Handles A Vaccine Injury Claim

People fear what they don’t know. In the case of seeking legal advice, people don’t know how a lawyer is going to handle their problem and how much it is going to cost.  Terms like “free consultation” are helpful, but do not fully explain what the lawyer is going to do, and how much you can expect to pay.

When Vaccine Injury PNikki Blazey - Vaccine Injury Attornetyros is contacted by a person who believes they may have suffered a Vaccine Injury, we spend whatever time is necessary to explain the National Vaccine Injury Compensation Program (NVICP), the process involved, how long it may take, and what we do to determine if the facts support filing a claim. Our next step is to gather all of the relevant medical history involved in the person’s immunization, adverse reactions, and current condition. These include medical records from the person’s doctors, clinics, hospitals, and other providers.

Not all situations are eligible for compensation from the NVICP.  So next, we analyze those records and assess if there is a reasonable basis to believe the vaccination caused the person’s reaction, illness, or condition, and may be entitled to compensation under the NVICP. If that assessment requires additional expertise, we may consult with medical professionals with specialized knowledge.

If our determination is that the facts support making a claim, we will prepare all of the necessary documentation, file the claim, and represent you in the litigation. If it appears a valid claim cannot be made, we will explain that to you and advise you of any alternatives that may be available to you.

At all times during the process, we keep you fully informed, providing you with an explanation of our activities and findings.  And we do all of this without charging you a fee or requiring you to pay the expenses necessary to pursue the claim.  This is because the NVICP pays for that person’s lawyer, as a way to encourage them to seek compensation without incurring a financial burden. This means that if your claim is granted by NVICP, the amount of your recovery is not reduced by the fees paid to your lawyer.  Similarly, if we are required to hire an expert for consultation, or to testify in the case, we advance those fees and get reimbursed from the NVICP.

You can contact us about a possible vaccine injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible vaccine injury claims by visiting the Vaccine Injury page and other articles in our Blog.

What is a Life Care Plan under the NVICP?

For persons entitled to recover under the National Vaccine Injury Compensation Program (NVICP), payments can include past and anticipated lost income, pain and suffering, and unreimbursed medical expenses. In this last category of compensation, the Program often makes ongoing payments to the person under a Life Care Plan.

A Life Care Plan is a comprehensive assessment and explanation which sets forth an organized proposal for meeting the current and future needs for persons whose vaccine injury requires long-term or life-long health care and accommodations. It is prepared by
a medical professional with expertise in identifying and determining those needs and their associated costs, so that the person is fully compensated now and in the future.  A Life Care Plan will list in detail the needs and payments required for a person whose injury requires all kinds of assistance, such as medical devices (wheel chair vans, mobility equipment, hospital beds, supplies), home health care (nurses, aides, attendants, therapists), case management services, transportation, counseling, training, therapy, or home alterations and improvements to accommodate a disability. And because the Program requires that compensation be enough to enable the person to remain living at home, the payments will usually reflect those costs, as opposed to an alternative placement, such as a nursing home.

How can Vaccine Injury Pros help you? 

When the situation calls for it, we work with those professionals to get the best Life Care Plan possible.  As an example, for a woman permanently disabled from a flu vaccination, requiring life-long medical care, medication, therapy, devises, homemaker assistance, and other services, the Program funded a Life Care Plan paying over $619,000 throughout her expected lifetime. Similarly, for a gentleman aged 45, a Life Care Plan was designed to pay him over $1,300,000 over his expected lifespan. In another situation, a gentleman was paid $6,000 per month for up to seven years to enable him to pay the additional costs of a care facility of his choosing.

When our firm is contacted by a person who believes they may have suffered a Vaccine Injury, there is no fee to visit about the claim, or to investigate the claim, or to pursue the claim.  Also, the firm pays the expenses incurred to pursue the claim. Therefore, the case can be handled free of charge. And if the claim is paid, any legal fees and costs are paid separately from the amount the person receives, so that the recovery is not reduced by legal expenses. Therefore, there is no reason for a person to not be represented by a lawyer in a Vaccine Injury claim.

You can contact us about a possible Vaccine Injury by visiting our Contact page. And you can learn more about the NVICP and the firm’s representation of persons with possible Vaccine Injury claims by visiting the Vaccine Injury page and other articles in our Blog
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